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(영문) 창원지방법원 마산지원 2013.11.13 2013고단765
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 14:00 on October 9, 2012, the Defendant made a false statement to an employee in charge of loaning in name at the Dong branch of Gyeongnam Bank in Changwon-si, a member of Changwon-si, 443-3, to the effect that “If he/she takes two measuring instruments equivalent to 36.2.6 million won at the market price of the company located within the B factory, and one inspection instrument equivalent to 30 million won at the market price, which is the ownership of the company located within the B factory, as a security for transfer, and lends 50 million won in the name of Dong C, a representative in the name of B, from October 24, 2014, the said money will be repaid in a manner that pays 2.5 million won per month for 24 months until October 2014.”

However, in fact, the two measuring instruments are owned by the three mining companies, and since one measuring instrument is owned by a seller in Seoul, the defendant did not have an intention or ability to establish a security for transfer in the three measuring instruments.

The Defendant received from the employees in charge of the above loan, i.e., KRW 50,00,000,000 from the victim bank, under the name of the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaint;

1. Application of Acts and subordinate statutes to a copy of a credit transaction agreement and a copy of transfer security agreement;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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